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(영문) 대구지방법원 서부지원 2013.09.12 2013고단441
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing individual taxi.

On February 7, 2013, the Defendant driven the above taxi on February 21, 2013, while driving the Dowon-dong in Daegu-gu, Seogu, Seowon-gu, and driving the Dowon 119 Safety Center ahead of the Dowon-dong toward the Dowon-ri distance, and making the internship.

At the time, there is a night, and there is a center line of yellow solid lines, so that a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle with the right side of the center line, and if it is likely to impede the normal passage of pedestrians, other motor vehicles and horses, the person has a duty of care not to her

Nevertheless, the Defendant neglected this and did not discover the victim D (the age of 56) who illegally crossed the road to the right side on the port side of the Dowon 119 Safety Center, which is the left side of the defendant's running direction, and did not discover the victim D (the age of 56). The Defendant got the victim's left side bridge on the front side of the driver's seat of the taxi driven by the defendant, and had the victim go beyond the floor.

Ultimately, the Defendant got away without taking necessary measures when a traffic accident occurred, such as making a stop immediately and saving the victim, even though the Defendant suffered injury, such as the care of the left-hand part of the victim for about ten (10) weeks of medical treatment due to the foregoing occupational negligence, and the victim suffered from the injury, such as cutting off in the pipe and crushing of pulverization.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness D's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol against the accused (including D's statement);

1. Each police statement made to D, E, and F;

1. As a result of the de facto investigation, the Defendant asserts that he thought that there were no many victims, and that he/she placed his/her contact address on the victim’s own money, and denied the crime.

However, the accident was observed.

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